덕치(德治)와 법치(法治)의 딜레마 일고 - ‘도응(桃應)의 질문’을 둘러싼 윤리문화적 논의

A Dilemma between Moral Excellence and Constitutions ─The Debates of Ethical Culture on Doeung[桃應]’s Question─

&nbsp;&nbsp;In general. ethics and institutions based on morality and laws are the most important foundations of social organizations, so that it is probable that there has naturally been an interrelationship between them. But it is also no doubt. however unconscious, that each has its own distinctiveness. That is, each has had a different influence on human life. In that point. this essay aims to study the foundations and contexts of ethics and institutions in Confucian traditions. Therefore, it can be expected that both of them, however different. can take an integral significance in ethical culture.<BR>&nbsp;&nbsp;In particular, I would concentrate on a critical view of Confucianism. According to that point, on the one hand. the original position of Confucianism is to govern nations based on a virtue of moral excellence; it is inevitable, on the other hand, that there needs a dominance by constitutions. That is to say, constitutions as well as moral excellence must be considered as an ordered set of realizing ethical ideals. In other words, the primary principle of government is moral excellence[法治]; the secondary is constitutions[法治] in Confucian traditions.<BR>&nbsp;&nbsp;However, the priority of moral excellence to constitutions has not always produced desirable effects in practice. Which is better and should be chosen, in particular, has ever raised extreme and cruel conducts, evenlike revenges and homicides, in discourses. In Confucian traditions. some scholars, like Mencius[孟子], Zhao Ji[趙岐], and Zhu Xi[朱熹], supported for the ideal of constitutional government. In results, their common ideal has been regarded as a main stream in the discussion of Confucianism. But there is a crucial problem: the very hope they dreamed can reverse the original position of Confucianism, focused on the priority of a virtue of moral excellence. In other words, it must be conceivable that those arguments have been self-contradictive, related to Confucian traditions.<BR>&nbsp;&nbsp;In the end of Chosun Dynasty, Jeong Yak-Yong[丁若鏞](1762-1836) made an attempt to restore the original position of Confucianism. One of his considerations on that situation was reflected in his work, 『HumHumShinSeo 欽欽新書』. He laid down a virtue of moral excellence in government as the primary principle of Confucianism. But he did never ignore the part of constitutions. In short, he pointed out the importance of laws in government in his own way. Therefore, it can be said that no work has developed more inclusive, positive, and prudent considerations than his work, considering constitutional government through a virtue of moral excellence in his ethical ideals as well as in classical Confucianism.